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People v. McCants

Appellate Division of the Supreme Court of New York, Third Department
Aug 7, 2008
54 A.D.3d 445 (N.Y. App. Div. 2008)

Opinion

No. 101409.

August 7, 2008.

Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered January 5, 2007, convicting defendant upon his plea of guilty of the crime of assault in the second degree.

Robert P. Wylie, Plattsburgh, for appellant.

Gerald F. Mollen, District Attorney, Binghamton (Rita A. Basile of counsel), for respondent.

Before: Peters, J.P., Rose, Lahtinen, Kavanagh and Stein, JJ.


Defendant pleaded guilty to assault in the second degree and was sentenced in accordance with the plea agreement as a second felony offender to three years in prison and five years of postrelease supervision. Defendant now appeals, asserting that the imposition of five years of postrelease supervision was illegal. We disagree. Having pleaded guilty to the class D violent felony of assault in the second degree, defendant was sentenced as a second felony offender pursuant to Penal Law § 70.06 (6) (c). Consequently, defendant was subject to the five-year postrelease supervision period set forth in Penal Law § 70.45 (2), as opposed to the postrelease supervision period of 11/2 to 3 years applicable to those defendants sentenced under Penal Law § 70.02 (3) ( see People v Hartley, 43 AD3d 487, 487-488).

Ordered that the judgment is affirmed.


Summaries of

People v. McCants

Appellate Division of the Supreme Court of New York, Third Department
Aug 7, 2008
54 A.D.3d 445 (N.Y. App. Div. 2008)
Case details for

People v. McCants

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH McCANTS…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Aug 7, 2008

Citations

54 A.D.3d 445 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 6513
863 N.Y.S.2d 297

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